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Calfornia's Magazine Limit declared Unconstitutional by Federal District Court

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2Revolutions

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Good news for California gun owners.   This must likely will be appealed to Ninth Court of Appeals, but this an  excellent read and victory.  Californians are already buying magazines before Becerra (California's  Attorney General) request a stay on the judgement.    ;D

Duncan V Becerra

https://michellawyers.com/wp-content/uploads/2019/03/Duncan-2019-03-29-Order-Granting-Plaintiffs-MSJ.pdf

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B.  Are 10 Rounds Always Enough?
If a law-abiding, responsible citizen in California decides that a handgun or rifle with a magazine larger than 10 rounds is the best choice for defending her hearth and home, may the State deny the choice, declare the magazine a “nuisance,” and jail the citizen for the crime of possession?  The Attorney General says that is what voters want in hopes of preventing a rare, but horrible, mass shooting.  The plaintiffs, who are also citizens and residents of California, say that while the goal of preventing mass shootings is laudable, banning the acquisition and possession of magazines holding more than 10 rounds is an unconstitutional experiment that poorly fits the goal.  From a public policy perspective, the choices are difficult and complicated.  People may cede liberty to their government in exchange for the promise of safety.  Or government may gain compliance from its
In the United States, the Second Amendment people by forcibly disarming all.  In the United States, the Second Amendment takes the legislative experiment off the table. Regard less of current popularity,neither a legislature nor voters may trench on constitutional rights.  “An unconstitutional statute adopted by a dozen jurisdictions is no less unconstitutional by virtue of its popularity.”



Last Edit by Gladstone
 

 

2Revolutions

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The empire strikes back. Attorney General of California requests a stay in ruling from  District Judge Roger Benitez.  Judge Benitez can either grant or deny the stay.  There is no time table for the judge's decision.

https://michellawyers.com/wp-content/uploads/2019/04/2019-04-01-Defendants-Ex-Parte-to-Stay-Judgment-Pending-Appeal.pdf


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Delay sought on ruling allowing high-capacity ammo magazines

https://abcnews.go.com/US/wireStory/delay-sought-ruling-allowing-high-capacity-ammo-magazines-62120179

California's attorney general said Tuesday it appears the sale of high-capacity ammunition magazines has started in the state for the first time in nearly two decades after a federal court judge tossed out a statewide ban.

Attorney General Xavier Becerra asked a federal judge to delay implementing the ruling while he appeals it.

U.S. District Judge Roger Benitez in San Diego said Friday that a law that bans possessing, buying or selling any magazines holding more than 10 bullets infringes on the Second Amendment right to bear arms.

With the ban lifted, even temporarily, Becerra said in a court filing that "there is evidence that sales have begun already."

His office cited a Facebook ad from an out-of-state, online dealer saying it will ship the large-capacity magazines to California. The ad urged buyers to be patient because of an expected increase in orders.

"We are getting prepared to send a whole lot of freedom to our friends in California," reads the post from South Carolina-based Palmetto State Armory. The company did not immediately respond to telephone and email messages.

More at the link ---> https://abcnews.go.com/US/wireStory/delay-sought-ruling-allowing-high-capacity-ammo-magazines-62120179



Last Edit by Gladstone
 

 

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